Articles Posted in Nursing Negligence

When most of us think about nursing home abuse in San Bernardino County, we think about instances of physical abuse, emotional or psychological abuse, or even sexual abuse. Many people also know that passive neglect, which can result in serious resident harm, can lead to a nursing home abuse and neglect claim. Yet discussions about resident-to-resident abuse are less common. What should you know about resident-to-resident abuse in Southern California? The most important thing to know is that nursing homes have a duty to protect patients from injuries and to appropriately handle instances of abuse and neglect, even when the perpetrator is another resident. As such, similar to cases involving other forms of abuse, nursing homes may be liable for resident-to-resident abuse. Our San Bernardino nursing home abuse attorneys can provide you with more information.

Resident-to-Resident Mistreatment Can Take Many Forms

Resident-to-resident abuse or mistreatment is a form of nursing home abuse or neglect that is often overlooked. According to the National Center on Elder Abuse (NCEA), resident-to-resident abuse or mistreatment can be defined as “negative, often aggressive, interactions between residents in long-term care communities.” This type of abuse or mistreatment may include “physical, verbal, and sexual abuse,” and the NCEA emphasizes that it is “likely to cause emotional and/or physical harm.”

Currently, when nursing homes in Orange County and elsewhere in the country receive payments from Medicaid, they are able to spend the payments on facility maintenance, operations, and even toward profits. According to a recent article in California Healthline, newly proposed legislation could change that, requiring nursing homes in California to spend those Medicaid payments on patient care alone. There are currently about 15,500 nursing homes in the United States, and the article underscores that the Biden administration is considering making this change for all nursing homes nationwide. In the meantime, however, California lawmakers are considering making the change across the state. 

A bill that is currently being considered “would require nursing homes to spend at least 85% of revenue from all payers on direct care for residents.” What do you need to know about potential changes and how they could limit nursing home abuse injuries in Southern California? 

Pandemic Has Changed the Way Many Think About Nursing Home Safety

Whether you have an elderly loved one in a nursing home in Riverside County or elsewhere in Southern California, it is extremely important to pay attention to signs and symptoms of nursing home abuse or neglect. Yet family members and friends alone should not bear the immense responsibility of identifying indicators of abuse or nursing home negligence. Rather, state laws should be in place to protect seniors at skilled nursing facilities from injuries resulting from intentional abuse and passive neglect. According to a recent article in the Los Angeles Times, California lawmakers “are considering several proposals” aimed at making facilities safer, “including changes to nursing home licensing rules.”

Assembly Bill 1502 Would Prevent Nursing Home Owners From Operating Without a License

Did you know that it is actually possible for a nursing home operator to buy a skilled nursing facility and even to run a nursing home in the state of California without obtaining a license to do so? According to the article, the process has been described as “backward and unique to the state.” Indeed, according to California state Assemblyman Al Muratsuchi, “in California, nursing home owners and operators can operate without a license even after they have been denied a license.” As a result, Muratsuchi explained, “many of these owners and operators have, unfortunately, an extensive history of neglect and abuse.”